Appeal 2006-3331
Application 10/829,797
The Examiner found that McNeal discloses “[t]ransmitting the checking
account information and personal identification access information over an
electronic network (finger print, drivers license number or signature) from a first
location to an independent third party service provider (See McNeal abstract figure
1, column 1, line 64-column 2, line 14 and column 3, lines 6-13)” (Answer 3). The
Examiner further found that “McNeal is not clear on the nature of the independent
third party service provider” and relied on Abecassis to teach that “the verifying
system is independent of any other entity” (Answer 4, citing Abecassis, col. 11,
l. 61 - col. 12, l. 17). We agree with the Examiner.
McNeal discloses credit approval systems at the point of sale which use
biometric data, such as fingerprints, to ascertain if the identity of the person
attempting to pay by a check is an authorized person for that particular checking
account so as to minimize the risk of a retailer accepting a bad check (Finding of
Fact 4). In particular, McNeal discloses a check verification unit 10 in
communication with a main system 12 which includes an identification database
14 (Finding of Fact 5). The check verification unit 10 includes, at least, a check
scanner 16 and a biometric data-gathering device, such as a fingerprint recording
device 18 (Finding of Fact 6). The check verification unit 10 is a computer
platform that receives, digitizes, and processes the incoming data from the various
scanning devices for transmission to main system 12 (Finding of Fact 7). In one
embodiment, the check verification unit transmits the data from the various devices
to a main database via a phone line or a reserved data line (Finding of Fact 8).
McNeal describes that in one embodiment a check is swiped and a fingerprint is
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